Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
Avinash Kumar was arrested in connection with a firearm injury alleged to have been inflicted on an informant during a land dispute. He faced charges under sections 115(2), 126, 109 and 3(5) of the B.N.S., 2023 and sections 25(1‑b)a, 26, 27 and 35 of the Arms Act. The petitioner argued that the case was motivated by a land‑related conflict and that the injury report did not substantiate the prosecution's case. The informant opposed bail. Considering the injury report and the length of the petitioner’s custody, the Court allowed the bail application, ordering release on a bond of Rs.10,000 with two sureties, while expressly stating that it was not passing on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner despite the serious firearm and arms offences alleged.
- Whether the injury report and the circumstances of the land dispute justify bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- B.N.S., 2023 — s. 109, 115(2), 126, 3(5)
Subjects
- bail
- firearm injury
- land dispute
- Arms Act
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9213 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Avinash Kumar Son of Late Sashi Kumar Singh Resident of Village- Baghari,
Ward No. 6, P.S.- Runnisaidpur, District- Sitamarhi. Presently residing at
Village- Bhadai, P.S.- Hathori, District- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate
Mr. Ashutosh Kumar, Advocate
For the State : Mr. Surendra Kumar, APP
For the Informant : Mr. Ashok Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard learned Senior Counsel for the petitioner,
learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Runnisaidpur P.S. Case No.411 of 2025 registered for the
offence under sections 115(2), 126, 109 and 3(5) of the B.N.S.,
2023 and under sections 25(1-b)a, 26, 27 and 35 of the Arms
Act.
3. The petitioner and co-accused are said to
have caused fire-arm injury to the informant. The petitioner is in
custody since 06.11.2025.
4. Learned counsel for the petitioner submits
that from perusal of the F.I.R. it would be clear that there is land
dispute between the parties. He further submits that the land in
question does not belong to the informant rather, the same is in
the name of the petitioner and his family members and present
case has been lodged with an intention to pressurize the
Patna High Court CR. MISC. No.9213 of 2026(4) dt.27-04-2026
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petitioner and his family members to vacate the said land. It has
been submitted that the injury report does not fully support the
prosecution case.
5. Learned counsel for the informant has
vehemently opposed the prayer of the petitioner for grant of
bail.
6. Considering the injury report and also the
period of custody of the petitioner, this bail application is
allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Sitamarhi / concerned
Court below, in connection with Runnisaidpur P.S. Case No.411
of 2025.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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